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Home My WebLink About2015 02 23 Consent 306 Unapproved Minutes from the February 9, 2015 Regular Meeting COMMISSION AGENDA Informational Consent X ITEM 306 Public Hearings g Regular February 23, 2015 ALLL Regular Meeting City Manager Department REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, February 9, 2015 City Commission Regular Meeting Minutes. SYNOPSIS: One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record. If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted. Should the Mayor and/or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer. CONSIDERATIONS: This Agenda Item includes the Minutes from the Monday, February 9, 2015 City Commission Regular Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by Office of the City Clerk Staff), no other party has required that changes be made to the Minutes before being submitted. These Minutes are being submitted by the City Clerk Consent 306 PAGE 1 OF 2- February 23,2015 for the Approval by the City Commission. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Clerk is requesting the City Commission review and consider offering their Approval of the Monday, February 9, 2015 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, February 9, 2015 City Commission Regular Meeting Minutes (28 total pages) Consent 306 PAGE 2 OF 2- February 23,2015 Attachment"A" CITY OF WINTER SPRINGS FLORIDA +0,NTEi' o �� 1111 0 Incorporated 11, (1) • 1959 • `Grl WE�R JP CITY COMMISSION MINUTES REGULAR MEETING MONDAY, FEBRUARY 9, 2015 - 5:15 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434,WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Joanne M. Krebs - Seat Five Commissioner Jean Hovey- Seat One Commissioner Kevin Cannon - Seat Two Commissioner Pam Carroll - Seat Three Commissioner Cade Resnick- Seat Four CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 2 OF 28 CALL TO ORDER The Regular Meeting of Monday, February 9, 2015 of the City Commission was called to Order by Mayor •. Charles Lacey at 5:16 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434,Winter Springs, Florida 32708). ago Roll Call: Mayor Charles Lacey,present Deputy Mayor Joanne M.Krebs,present Commissioner Jean Hovey,present Commissioner Kevin Cannon,present Commissioner Pam Carroll,present Commissioner Cade Resnick,present City Manager Kevin L. Smith,present City Attorney Anthony A. Garganese,present City Clerk Andrea Lorenzo-Luaces,present Rabbi Maurice Kaprow gave an Invocation. The Pledge of Allegiance followed. Related to Agenda Changes, Mayor Lacey asked the City Commission, "Are there any changes to the Agenda? If not,it will stand as adopted." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office of the City Manager and Office of the Parks and Recreation Department Director REQUEST: Presenting to the Mayor and City Commission the Parks and Recreation Department "Employee of the Year" winner. Mr. Chris Caldwell, Director, Parks and Recreation Department spoke of his Staff and this Award process. Then Mr. Caldwell recognized Mr. Ron Shadron, Guest Services, Parks and Recreation Department as the "Employee of the Year"for the Parks and Recreation Department. AWARDS AND PRESENTATIONS 101. Office of the City Manager and Office of the Police Chief REQUEST: Presenting to the Mayor and City Commission the "Chief's Award of Excellence" to Sergeant Brad Heath and Detective Charles Quick of the Winter Springs Police Department. Chief of Police Kevin Brunelle, Police Department presented Sergeant Brad Heath and Detective Charles Quick of the Winter Springs Police Department with the "Chief's Award of Excellence". CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 9,2015 PAGE 3 OF 28 INFORMATIONAL AGENDA INFORMATIONAL ••rt!a.•c 200. Community Development Department .n REQUEST: The Community Development Department is advising the City Commission of the status of various development projects within the City. FISCAL IMPACT: -;- There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. PUBLIC INPUT Mayor Lacey opened "Public Input". Ms. Joann Mattie, 685 Fortrose Drive, Winter Springs, Florida: mentioned she was supportive of a later meeting start time and noted new construction along Interstate 4 (I-4)which she thought might impact traffic and residents who might want to attend our City Commission meetings and speak under Public Input. Ms. Kelly Mullins, 1637 Tiverton Street, Winter Springs, Florida: introduced her and her husband as the Applicants noted in Regular Agenda Item"602"and the proposed Lien reduction for their new property. Commissioner Kevin Cannon asked if they agreed with Staff's Recommendation, to which Mrs. Mullins replied, "Absolutely". Mr. Greg Buchanan, 1628 Tiverton Street, Winter Springs, Florida: remarked that he was here with Boy Scout Troop 787, commented on their annual mulch sale fundraiser, and sought clarification on the City Ordinance regarding Solicitation. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 4 OF 28 +iii►;; Commissioner Cannon inquired how the Boy Scout Troup differed from commercial businesses leaving flyers at homes and how would they be categorized under the same City Ordinance. City Attorney Anthony A. Garganese pointed out that the Boy Scout Troop is required, as are other parties,to obtain a Permit. Discussion. Ms. Sheila Benton 414 Cedarwood Court, Winter Springs, Florida: suggested the City Commission meeting start time be moved to a later time, and commented on perceptions, listening to residents, conflicts with why some • people cannot attend City Commission meetings, and Public Input. Commissioner Pam Carroll noted that the City Commission has listened and there is an Agenda Item on tonight's meeting Agenda addressing City Commission Policies and Procedures. Related to City Commission Meeting start times, Commissioner Cannon said to those in attendance specifically for Agenda Item "500" that he would like to hear any comments they may have on any preferences about City Commission meeting start times. Mr. Brett Hendley, 1215 Howell Creek Drive, Winter Springs, Florida: was also involved with Boy Scout Troop 787 and felt the mulch sale fundraiser was extremely beneficial to the group and has been very helpful to the Scouts. Mr. Terence Zarnowski, 1672 Eagle Nest Circle, Winter Springs, Florida: spoke on behalf of Boy Scout Troop 787, their mulch sale fundraiser, hoped that a Resolution could be approved to exempt them, and issues he has had with their permitting process. Discussion followed on the City's Solicitation Ordinance, the permitting timeline, private gated communities, potential trespassing issues, and a planned meeting with City Staff set for tomorrow morning. Deputy Mayor Joanne M Krebs stated, "Point of Order"and suggested this be handled later in the meeting. Mayor Lacey thought that this similar issue could be addressed for any future occurrences under Regular Agenda Item"600". Further comments. City Manager Kevin L. Smith noted there was a planned meeting tomorrow morning and thought they could handle this issue at that time. Mayor Lacey closed "Public Input". CONSENT AGENDA CONSENT 300. Public Works Department- Stormwater Division REQUEST: The Public Works Department - Stormwater Division requests authorization to piggyback off of Florida Sheriffs Contract 14-22-0904 to purchase a Ford F-250 truck for the Stormwater Department at a cost of $26,494.00. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 9,2015 PAGE 5 OF 28 isummipm FISCAL IMPACT: The F-250 truck is budgeted in the Stormwater Utility Fund Vehicle Capital Equipment line code. The truck will be received approximately 90 to 120 days after being ordered. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, - City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Public Works Department - Stormwater Division recommends the City Commission authorize the purchase of a Ford F-250 from Alan Jay Ford Lincoln by piggybacking off of Florida Sheriff's Contract 14-22-0904 Spec #49 at a cost of $26,494.00 payable from the Stormwater Utility Fund Vehicle Capital line code. There was no discussion on this Agenda Item. CONSENT 301. Public Works Department REQUEST: The Public Works Department requests authorization to piggyback off of GSA (General Services Administration) Contract #GS-30F-1028G to purchase a small bucket truck(Model AT37G) from Altec Industries,Inc. at a cost of$90,452.00. FISCAL IMPACT: The small bucket truck is budgeted in the Transportation Improvement Fund (Local Option Gas Tax) at a cost of $35,000. $55,500 will be needed to be transferred and sufficient funds exist in Transportation Improvement fund balance to cover this purchase of$90,452.00. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 6 OF 28 ii .i ►':: RECOMMENDATION: The Public Works Department requests authorization to piggyback off of GSA (General Services Administration) Contract #GS-30F-1028G to purchase a small bucket truck from Altec Industries, Inc.at ""y a cost of$90,452.00 and also to approve a supplemental appropriation of$55,500 from the fund balance of 4.1`' :K the Transportation Improvement Fund into the vehicle line code. No discussion. CONSENT 302. Utility/Public Works Departments REQUEST: The Utility/Public Works Department requests approval to contract with Casmir Construction & Remodeling for the expansion and remodeling of the Utility Billing counter and service area at a cost of $47,124. FISCAL IMPACT: The Utility Billing Counter Redesign project is included in the Utility Enterprise Fund Capital projects budget at a cost of$45,000. Sufficient funds from other Utility projects are available to be transferred into this project line code to cover the slight increase in cost. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission authorize the Utility/Public Works Department to contract with Casmir Construction and Remodeling of Winter Springs for the Utility Billing Customer Service Modifications at a cost of $47,124 plus 10% contingency and building permit fees estimated at $1,250 payable from the Utility Enterprise Fund Capital Projects line code. This Agenda Item was not discussed. CONSENT 303. Public Works Department-Stormwater Division REQUEST: Public Works Department/Stormwater Division Requesting Approval to Piggyback Purchase a John Deere Backhoe/Loader from Nortrax at a Net Cost of$60,838.80. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 7 OF 28 ky FISCAL IMPACT: This Backhoe was budgeted in the Stormwater Utility budget at a cost of$80,000. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's r , Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Public Works Department/Stormwater Division Recommends the City Commission Approve the Purchase a John Deere 410K EP Backhoe/Loader from Nortrax of Orlando at a Net Cost of$60,838.80 payable from the Stormwater Utility Fund. No discussion. CONSENT 304. Police Department REQUEST: The Police Department requests the Commission accept the 2014 Florida Department of Law Enforcement - Edward Byrne Memorial Justice Assistance Grant JAG Program in the amount of$2,804.00 to fund the purchase of an Emergency Management Vehicular Command Center Organizer for a Police Vehicle and authorize the City Manager and Mayor to execute all required documentation related to this grant acceptance. FISCAL IMPACT: These grant revenues and related expenditures were not included in the FY 2015 Police Department budget request pending a decision on the award from FDLE. The budget was already approved prior to this grant being awarded. The Emergency Management Command Center Organizer will cost $2,804.00 and this expense will be reimbursed through the grant; therefore, there is net-zero impact to the 2015 budget relative to this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 9,2015 PAGE 8 OF 28 RECOMMENDATION: r ' Staff recommends the Commission approve the acceptance of the 2014 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance grant JAG Program in the amount of$2804.00 to fund the cost of the Emergency Management Vehicular Command Center Organizer and authorize the .•+m City Manager and Mayor to execute any and all required grant documents. oink There was no discussion on this Agenda Item. ' iyy•.S.-etY.iLab CONSENT 305. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. No discussion. CONSENT 306. Not Used CONSENT 307. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, January 26, 2015 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 9 OF 28 eillorom FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. 1M Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press °'° ' °y' Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Clerk is requesting the City Commission review and consider offering their Approval of the Monday,January 26,2015 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CANNON: AYE COMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire No Report was given. REPORTS 401. Office Of The City Manager—Kevin L. Smith No Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 9,2015 PAGE 10 OF 28 REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC No Report was given. aft REPORTS 403. Office of Commissioner Seat Four-The Honorable Cade Resnick ter•::.. _ yi No Report. REPORTS 404. Office of Commissioner Seat Five/Deputy Mayor-The Honorable Joanne M.Krebs Deputy Mayor Krebs again addressed items that may need discussion such as what the representatives of Boy Scout Troop 787 mentioned earlier during Public Input and thought such discussions might better be discussed during the Regular Agenda. Next, Deputy Mayor Krebs said that she had participated in the Police Department's "Steps for Liam" over the weekend and how great it is that the community comes together for such needs. Deputy Mayor Krebs offered her thanks to Manager Smith and Mr. Caldwell for getting Zuma, Pilates, and Yoga back at the Civic Center. Tape 1/Side B REPORTS 405. Office of the Mayor-The Honorable Charles Lacey Mayor Lacey noted addressing such issues as the discussions with the Boy Scouts this evening, and referring to Regular Agenda Item"600" said, "We will bring that up when we get to that." REPORTS 406. Office of Commissioner Seat One-The Honorable Jean Hovey Commissioner Jean Hovey stated that she had been unable to attend the "Steps for Liam" benefit as she was working but had sent in a donation for this worthy cause. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 1I OF 28 REPORTS mi 407. Office of Commissioner Seat Two-The Honorable Kevin Cannon Commissioner Cannon noted he had attended Seminole County's "Touch a Truck" with his Amateur Radio U+ *r Operators group and that it was a great event, and thought it might be a good idea if we could also host something ,+i• , like that. Commissioner Cannon mentioned some conflicts with his schedule and the planned March 2nd,2015 Workshop. With further discussion, Mayor Lacey asked the City Commission, "Does anyone have a problem rescheduling the March 2nd Workshop to March 30t'', (2015)?" Commissioner Cannon and Deputy Mayor Krebs stated that the new proposed date"Works for me." Commissioner Carroll then remarked, "Fine." Hearing no objections,Mayor Lacey said, "We have Consensus." As for a time, Deputy Mayor Krebs suggested 5:15 p.m. and Mayor Lacey agreed. Commissioner Cannon noted, "Okay." No objections were voiced. REPORTS 408. Office of Commissioner Seat Three-The Honorable Pam Carroll Commissioner Carroll mentioned she attended the City's"Father Daughter Dance" at the Senior Center and it was a great event. Commissioner Carroll said to Mr. Caldwell, "Your Staff did an absolutely marvelous job." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department-Planning Division REQUEST: The Community Development Department — Planning Division requests the City Commission consider approval of: 1) Concept Plan, and 2) associated Development Agreement for an apartment complex consisting of a minimum of 250 units to a maximum of 338 units located on the east side of Tuskawilla Road,north of SR 434 and west of Michael Blake Boulevard. FISCAL IMPACT: Development of the property will provide an increase in taxable value to the City, and will provide additional population in the Town Center which will increase the Town Center's demographic base and strengthen the support for business and future commercial development within the Town Center.In accordance with Policy 2.3.3 of the Future Land Use Element of the Comprehensive Plan and Section 20- 321(3)(f) of the Winter Springs Town Center District Code, a detailed fiscal impact analysis is attached. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 12 OF 28 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. t•. "' Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has alk also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with " " `a additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Community meetings were held with representatives of the applicant and the developer on August 21,2014 and December 2, 2014 to solicit input and answer questions from the general public in regards to this project. An email distribution list for interested parties to sign up to receive information about this proposed project was also created. Additionally, the property has been posted with a large yellow sign noting the date and time of the public hearings. RECOMMENDATION: In accordance with Section 20-321(2) of the Town Center District Code, the Community Development Department — Planning Division requests the City Commission approve: 1) Concept Plan, and 2) Development Agreement for an apartment complex with a minimum of 250 units and a maximum of 338 units located on the east side of Tuskawilla Road, the north side of SR 434 and the west side of Michael Blake Boulevard in the T5 zone(Urban Center Zone) of the Town Center. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department began this Agenda Item with an overview of the latest Concept Plan submitted for the City Commission's consideration and also referenced the City's Comprehensive Plan. Further addressing the City Commission, Mr. Stevenson remarked, "What you got in your packets was an executive summary of a much larger report in terms of the Fiscal Analysis. That Fiscal Analysis anticipates 338 apartment units and their intended effects on commercial—once we determine the exact and final numbers, we'll modify that plan and bring it back with that analysis, and bring it back with the Final Engineering on this property -as we get more details,we'll put more details into that particular project." Mr. Stevenson then noted apartment ratios for all Seminole County cities. With further comments, Commissioner Cannon asked Mr. Stevenson, "Of the 13.6 multifamily, how many units is that numerically?" Mayor Lacey estimated that amount was approximately 1,500-1,600. Discussion continued. Mr. Anthony Everett, Director of Central Florida, Pollack Shores Real Estate Group, 5000 Bayshore Boulevard, Tampa, Florida: stated, "The Units will average about one thousand square feet. We're projecting rents of around twelve fifty to thirteen hundred [dollars] ($1,250.00 - $1,300.00) on average and it will be comprised of one(1),two (2), and three(3)bedroom units." Commissioner Cannon asked, "Would you be amenable to increasing the size of the units so that the lease rates would be higher?" CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 13 OF 28 Mr. Everett said that lease rates are market driven and added, "We will have a higher concentration of one (1) bedrooms than two's (2's)and three's(3's) -which will make the one(1)bedrooms more expensive; but it will be one (1), two (2), and three (3) bedroom units and normally when we build a much bigger unit, the rent gets so high that people can't afford it. So, this is high-end luxury apartment housing, but it's not as high-end as two thousand dollars ($2,000.00)a month and once we get above a certain rate,most of the people can't afford it." 011 Discussing potential renters and rents further, Commissioner Cannon asked about the rates, to which Mr. Everett noted, "Slightly under a thousand for a one (1) bedroom, I would say probably in the eight-fifty range for a one bedroom, up to close to eighteen hundred dollars a month($1,800.00)for a three (3)bedroom unit and then an average would be right around that thirteen—hundred,twelve eighty,thirteen hundred [dollars]." An aerial photograph of the property was further referenced and comments ensued on the property and plans for this property. Discussion continued on traffic concerns and any effects to the Winter Springs Town Center businesses, construction vehicles, parking, and the parcel labeled "MUNICIPAL/MIXED/CIVIC USE" on the latest Pollack Shores Concept Plan. Furthermore, referencing the parcel labeled "MUNICIPAL/MIXED/CIVIC USE", Manager Smith stated, "Our intent if I may, as Staff, is to negotiate with the Applicant to purchase this property to use it for parking to assist the Town Center with the parking problem." Discussion continued. Commissioner Carroll offered her compliments on the compromise and liked the possibility of the parcel for future parking, especially for special events and recommended there never be apartments built on the parcel labeled"MUNICIPAL/MIXED/CIVIC USE". Further referencing the parcel labeled "MUNICIPAL/MIXED/CIVIC USE" on the latest Pollack Shores Concept Plan, Mr. Stevenson suggested that regarding this property, "No stand alone apartments, but there may be some Mixed-use along the southern portion of that." When questioned if"Retail" might be located in the parking lot, Mr. Stevenson added, "On the property — the intent is to go forward with a parking lot, but again, understand we're negotiating that." Commissioner Carroll added, "I would prefer to see metes and bounds of that specified." Mr. Stevenson noted, "We're trying to lay the concept here, so they can move on and handle these as part of the Final Engineering, so all of those specifics will come at that point in time." With further remarks on density and future Uses, Commissioner Cade Resnick said to Mr. Stevenson, "If we come in here on a future development and we say you can't put apartments, but it could be townhomes and there is no density requirement—we talked about density and such issues for the Town Center Code, would it not be in our best interests to then look now to also change the language specific to that so it is not just -it can't be this, but actually put what it can be." Mr. Stevenson spoke of the Code and what the Uses can be. Commissioner Resnick suggested he and the residents would prefer to have specifics more defined. Mayor Lacey opened the "Public Input"portion of this Agenda Item. Ms. Gina Shafer, 457 Buckhorn Drive, Winter Springs, Florida: spoke about development, asked how tall the apartments were going to be, mentioned traffic issues near Barrington Estates and hoped the Winter Springs Village area would not turn into the same kind of traffic clogged area. Ms. Shafer also noted she was in favor of City Commission meetings starting later. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 9,2015 PAGE 14 OF 28 Ms. Roshani Patel, 503 Buckhorn Drive, Winter Springs, Florida: thought that apartments would lower home ..0"1"" values and bring in potential crime and noise issues,mentioned bad experiences in a Casselberry apartment which brought her to Winter Springs, and further spoke on more apartments, apartment renters, and preserving the green space. Ms. Patel also noted she was in favor of City Commission meetings starting later. *�*t� Tape 2/Side A Mr. Christian Sarna, 360 Michael Blake Boulevard, Winter Springs, Florida: asked for clarification on where the apartments were now planned for, and noted that he was supportive of City Commission meetings starting later, and suggested a start time of 6:00 p.m. Furthermore,Mr. Sarna said that Winter Springs needed more businesses, commented on meetings he has had with City Staff,that he was pleased that citizens' comments have been heard, thought single family homes would bring in more tax revenue, and that he did not think apartments would help Winter Springs. Mr. Harold "Jim" Thomson, 931 Ginnie Way, Winter Springs, Florida: commented on the number of planned apartments in Winter Springs, mentioned data he had acquired related to criminal activity with single family homes and apartments, and said he was against the proposed Pollack Shore project. Mayor Lacey suggested Mr. Thomson give his statistics information to the Clerk and then noted, "It will be in the record and we will get a copy." Ms. Colleen Murphy, 684 Fanning Drive, Winter Springs, Florida: representing the Winter Springs Village Homeowner's Association, thanked the City for listening to their concerns, and noted they were just seeing this tonight for the first time. Ms. Murphy referenced the property, commented on concerns with traffic and other issues, asked for more time to have an architectural rendering provided, and then referenced their latest copy of a Petition and read some of the comments. Remarks followed on the Petition and representing the Homeowner's Association. Ms. Murphy continued to read statements from their Petition and then asked for more time to review the latest proposal. Ms. Alissa May, 352 Michael Blake Boulevard, Winter Springs, Florida: said she was opposed to more apartments, referenced speeding along Michael Blake Boulevard and said that residents were not happy with this, noted that she had lived in a very nice apartment but still experienced issues, and thought the City should wait until the"RiZE"project was built. Mr. Amarildo Monsalve, 604 Treehouse Street, Winter Springs, Florida: said he chose to live here in Winter Springs because it was a bedroom community, mentioned that another local apartment community was looking for tenants, and the suggested rates for this proposed project might very well drop, and commented on issues he experienced when he previously lived in a Dallas area apartment. Ms. Karen Magnussen-Sarna, 360 Michael Blake Boulevard, Winter Springs, Florida: stated that she understood the vacant land would be developed, referenced rental ratios in Daytona Beach and issues they had with crime and loud music, renters typically participate less in a community as they are transient, asked the City Commission to vote against more apartments, and inquired how this could be voted on when she thought the project was just presented. Ms. Magnussen-Sarna then said she was supportive of City Commission meetings starting at a later time and also offered thanks for the re-grading of a bike path extension. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 9,2015 PAGE 15 OF 28 Mr. David Bowen, 105 St. Johns Landing Drive, Winter Springs, Florida: spoke as the President of St. Johns Landing Homeowner's Association and said they thought the proposed plan was vague, commented on some • terms he thought were being used interchangeably and which seemed confusing to residents, commented on the Petition that had been addressed earlier, mentioned the preference for owner-occupied or commercial instead of apartments, asked some questions about the proposed planned Use, mentioned that more day-time traffic was needed for the Town Center to succeed, and inquired if the City was "settling"for this project. Ms. Bobbie Demme-San Filippo, 108 View Point Place, Winter Springs, Florida: noted she was a Tuskawilla Trace resident, said a later City Commission meeting start time would be better for her, remarked about quality of life, a previous discussion on a deceleration lane which took some time, that a sense of community was important to her,how the Town Center can survive, suggested we do what Maitland,Winter Park and other communities are doing in terms of reassessing their community, and thought that more details would be better. Mr. Eric Beach, 515 Buckhorn Drive, Winter Springs, Florida: said that this was an issue for all of Winter Springs, asked how transient individuals benefit a community, was opposed to any apartments in Winter Springs, referenced apartments in Orlando and Orange County and crime, that he had moved away from apartments in the Orlando area because of this, and asked the City to consider the long-term effect of decisions made by the City Commission. Mr. Chris Bettinger, 716 Fanning Drive, Winter Springs, Florida: commented on his personal credentials and developments he was involved with, thought the Town Center was a failed design from an architectural standpoint, that the citizens trust the City Commission with their needs, that this was a bedroom community, making the Town Center more viable on its own merit, and suggested the City stick to a plan. Mr. Greg Roth, 782 Gainer Way, Winter Springs, Florida: noted he had been a part of a previous meeting on this proposed project, suggested options for the proposed Pollack Shore project, referenced the Petition discussed earlier, thought the "RiZE" project should be finished first, asked about the tax implications, and thought this proposed project was being pushed through. Mr. Christian Payer, 206 Torcaso Court, Winter Springs, Florida: also remarked about his personal credentials and developments that he was involved with, asked about feasibility, traffic, and economic development studies, the proposed 338 apartments, asked if the timing of apartments and multiuse had been considered, and commented that traffic flow issues needed to be fixed. Mr. Eric Schreck, 104 St. Johns Landing Drive, Winter Springs, Florida: commented on planning and that there currently were an excess of apartments due to credit issues over the last few years, other apartment projects, that this project could be re-sold various times, and asked what will be the outcome for the future. Related to Public Input forms, Mayor Lacey stated, "I have three (3) more forms from individuals who all indicated opposition to the project but did not want to speak and these forms will be put into the record." Tape 2/Side B Mr. Mike Cannell, 221 Torcaso Court, Winter Springs, Florida: related to the proposed Pollack Shore project, spoke on Lake Jesup and what can be developed, and that we cannot be Winter Park, and his concerns with traffic issues. Next, Mayor Lacey mentioned a couple more Public Input forms from people who did not want to address the City Commission, and noted that their Public Input forms will also be added to the Record. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 16 OF 28 Mr. Brad Persons, 300 Michael Blake Boulevard, Winter Springs, Florida: mentioned that T3 (Suburban Zone) and T4(General Urban Zone)can be Mixed-use,that more apartments may be the future, and that if the intent is not to have more apartments,then such Zoning should be designated accordingly. Ms. Kacey Stensrud, 468 Buckhorn Drive, Winter Springs, Florida: said that Winter Springs Village was well regarded by her friends, area schools are highly rated, and thought more apartments in the area might disturb the current quality of life. Mr. Girish Budibetta, 480 Buckhorn Drive, Winter Springs, Florida: thought the plan for the proposed Pollack Shore project was vague, and hoped they could get more details before a Vote is taken. -m Further regarding Public Input forms, Mayor Lacey added, "I have gotten five (5) more forms from people who are opposed to the project but did not wish to speak. As I said before,those will be entered into the record." Mayor Lacey closed the "Public Input"portion of this Agenda Item. Commissioner Carroll inquired of Mr. Stevenson, "How soon would we be able to see a more detailed plan showing building locations, orientation on the parcels labeled residential, etc.?" Mr. Stevenson briefly addressed Concept Plans and suggested "I would imagine it would be probably at least seven(7) or eight (8) months before we would see a Final Engineering Plan back here,but I would defer to the Applicant on that." Mr. Stevenson then pointed out, "The intent with the Concept Plan was to outline the boundaries." Continuing, Mr. Stevenson said, "It is commonly used in larger projects as a `Concept' to be detailed and—if this project goes forward,the detailing starts now." Mr. Everett advised that, "Pollack Shores is working as a Consultant to the land owner here, so the land owner is actually the Developer and the person or entity that will own the complex and then will manage the complex, will have that going forward. So, I want to make that clear to everyone. So, we're really not at liberty to speak how fast our Client will move on this." Continuing, Mr. Everett commented on the development processes in Winter Springs and explained, "When we heard from the neighbors that we needed to make modifications to the plan; we needed to move the project farther away from the residential in the back, we went ahead and listened to that, made this plan and now we're trying to do a Development Agreement which would then allow us to move forward to the next level,which is to define the areas that you're talking about. So, I think this, as Randy(Stevenson) said, allows us to move forward. I do think also, one of the things that keeps coming up on the board is the restriction against future multifamily. Our Client is willing to agree to limit multifamily or eliminate rental multifamily on other parts of the site. We have to talk to them about the Civic area,but we can certainly go back to them and see if they would be willing to do that in the Development Agreement also. But, they're definitely willing to exclude it on the other areas which gives the residents the comfort that no additional rental multifamily would be put on—the rest of that land. One other question that keeps coming up, I keep hearing about property taxes and I've done the calculation for you. On the average property tax that we pay on a complex of this density is probably about twenty-eight to thirty thousand [dollars] ($28,000.00 - $30,000.00) an acre, and I believe that the average for the residential is probably about twelve thousand[dollars] ($12,000.00) an acre when you look at the densities that can be put on it." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 17 OF 28 Commissioner Cannon commended the land owner for the revised plan, commented on residents not seeing the plan until this evening, that we need to follow the City's Comprehensive Plan, planning economic growth, that we are required to have periodic Economic Development studies, and the Town Center possibly needs offices before more residential. . ter Continuing, Commissioner Cannon stated, "I am concerned that we are going to overbuild apartment capacity for a City of our size. I am concerned that it is going to have the effect of taking us from a higher median income and higher educational income City as we presently exist and our surrounding competitors to one that is lower." Further referencing the City's Comprehensive Plan, Commissioner Cannon thought the study noted in 2.3.2: needed to be done, and that this also should be discussed during the City's upcoming Workshop. Next, it was noted that this City Commission meeting's Agenda was available last Wednesday. Deputy Mayor Krebs mentioned the Town Center always being a planned high-density area, the need for a parking garage to help with Town Center parking, the plan for commercial on the lower level with residential on top in buildings along Tuskawilla Road, day/night/weekend Town Center visitors, the mix of businesses in the Town Center, and that the City had previously done a complete study. Commissioner Resnick addressed the planned phases of the Town Center,planned Mixed-use in Phase II and that it has been changed since the original plan, hope for high-end commercial in the future developments but he was not sure if that would please the local residents, the need for apartments for graduating college students, and vehicular trip count formulas. Commissioner Carroll commented that good property management is needed for a successful Town Center, and also spoke of vehicular trip counts. Continuing, Commissioner Hovey asked Chief Brunelle about crime statistics. Chief Brunelle addressed single family and apartment statistics and ratios. Further remarks. Mr. Brian Love, Managing Partner, Whitaker Capital, Inc., 3525 Piedmont Road, Atlanta, Georgia: addressed this proposed project and stated, "We want to build projects that fit within the Town Center concept that we know is in place, that calls for things like density, that drives business to the community, that creates as I think Randy (Stevenson) said, `A diversity of Uses'. I would love to see commercial too." With additional comments, Mr. Love spoke on possible businesses interested in the Town Center and that traffic is needed, the McDonald's at the Winter Springs Town Center, and that flexibility is better than a fixed plan for him to be able to work with other potential entities. Deputy Mayor Krebs asked Mr. Stevenson to explain what"Voting for the Concept Plan means." Mr. Stevenson explained, 'Voting for the Concept Plan' means "Voting with the companion Development Agreement that we talked about, to put in place a palette upon which they will `paint'." Mr. Stevenson continued, "The details that Brian (Love) was just talking about, those types of things. That they need some type of assurance—before they go out and start spending, as I said, the hundreds of thousands of dollars to do Final Engineering and to determine where these buildings are going to go within the context of this framework of this conceptual diagram that you see in front of you." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 9,2015 PAGE 18 OF 28 Continuing, Deputy Mayor Krebs asked Attorney Garganese to comment further on the Concept Plan and if the ' City Commission were to move forward with approval. Attorney Garganese pointed out, "As you know, it will bind the City to the terms and conditions of the Agreement, and the Concept Plan, and some of it is kind of nebulous and vague. That still needs to be worked y±! `"` out. And then other aspects like the entitlement to up to 338 units will be binding upon the Commission and from this concept, if the Commission were to approve this binding Development Agreement, and the Commission has !►."`" approved similar conceptual Development Agreements in the past; the Developer will take this Agreement with all of the assurances that are bundled together and then go to Final Engineering and will do the final design and engineering that would be presented to the Commission for approval. So, taking this Concept in mind, you will undoubtedly see Final Engineering Plans with multifamily residential buildings on the residential sites that you see on this Concept Plan, unless the Commission agrees and the Developer agrees otherwise to amend the Agreement." Attorney Garganese then explained, "Under the Town Center District Code, there are three (3) ways to bring items to the Commission for consideration. In a non-binding feedback type of process, where concepts are discussed, non-binding feedback is given by the Commission. You have a little discussion, then you have the other option which is a conceptual type plan with a Development Agreement, which would be a binding agreed upon concept. And then the other process of course is submitting your final plans up or down for consideration." MOTION TO EXTEND. MOTION BY COMMISSIONER CANNON. Tape 3/Side A BRIEF COMMENTS FOLLOWED ON THE MANDATORY ADJOURNMENT TIME. MAYOR LACEY STATED, "I HAVE A MOTION FROM COMMISSIONER CANNON TO EXTEND..." DEPUTY MAYOR KREBS SAID, "...THIRTY (30) MINUTES...." MAYOR LACEY ADDED,"...SECONDED BY COMMISSIONER CARROLL." COMMISSIONER HOVEY SAID, "I WOULD BE IN AGREEMENT FOR HALF AN HOUR ON THIS ITEM AND IF WE NEED TO EXTEND IT PAST THAT FOR THIS ITEM - I WOULD LIKE TO GET THROUGH THIS ITEM." AMENDMENT BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR KREBS. MAYOR LACEY THEN NOTED, "IF THERE IS NO OBJECTION, WE WILL AMEND THE MOTION TO STATE FOR A HALF HOUR ON THIS ITEM." DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Mr. Stevenson continued, "Those seven (7) items that we discussed earlier in the Development Agreement are: limit the development to no more than 338 multifamily dwelling units. Requires the Developer to fulfill a preexisting obligation to design, permit, and construct permanent master stormwater facilities for the entire property including the portion covered by this project, so it's not just this area, it's the entire remaining property on the east side of Tuskawilla(Road). Requires the Developer to dedicate to the public any new streets that are constructed for this project. Requires the Developer to design, permit and construct a roundabout at the intersection of Michael Blake Boulevard and Tree Swallow Drive and stub out the eastern end of the roundabout for future continuation of the Tree Swallow Drive to the east. Requires the Developer to pay all ordinary and customary development Permit Fees imposed by the City. Requires the Developer to employ an onsite management company that is responsible for managing the day to day leases and tenant needs including maintenance of the property. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 19 OF 28 In the event the development is converted to a condominium, the Developer will be required to seek the reasonable approval of the City. And finally, limits this project to the only standalone multifamily residential project on the property. In the event other multifamily projects are proposed on the remaining portions of the "' property,the units shall be incorporated to a Mixed-use development." mot • Deputy Mayor Krebs inquired, "What are you limiting?" Mr. Stevenson replied, "Stand alone multifamily—stand alone apartments or condominiums, if they were to make a comeback." Deputy Mayor Krebs asked, "When you ter°r4' say `limit'?..." Mr. Stevenson stated, "...There shall be none." Continuing, Deputy Mayor Krebs commented about Commercial Use and Mixed-use, to which Mr. Stevenson pointed out areas on the map and remarked, "At the very least it would be Mixed-use depending upon the final unit count,that may be all Commercial along (State Road) 434. But at the very least it would be a Mixed-use that we talked about where it's..." Deputy Mayor Krebs noted, "...Right..." Mr. Stevenson continued, "...Commercial/retail on the bottom." Manager Smith stated that the Development Agreement "Mandates that the final product shall be in full compliance with applicable City Codes which I believe will address many of the topics that were brought up here tonight and we'll come back to you all for ultimate and final approval several months from now, if this Concept Plan were to pass." Commission Resnick referenced "7." on the Development Agreement and stated, "There is nothing in the language that says they're limited to no apartments." Commissioner Resnick added, "Is there a way to add in the language somewhere that says, `No apartments or whatever density that would take' to get there; as that may make the community a little bit more comfortable." Mr. Love stated, "Our interpretation is that—we're happy for that to be modified,to clarify that position." With further comments on the different possible parts of this project, Mr. Love explained the process they are dealing with and remarked, "It is a two-way street between Economic Development and the landowner itself." Continuing on possible moves and the key players involved in this process,Mr. Love added, "So,there's pieces in play again, but it's just putting those pieces together. And again, unfortunately, they're not always perfectly sequential. I also knew there were other questions from people who said, `What is this future development? What will it be? We have to know what it is.' I can't answer that because—none of us know." Continuing,Mr. Love noted, "How do we preserve the site such that the acknowledgment of moving forward with the Permitted Use but also continue to preserve it for future development?" Commissioner Resnick then asked Mr. Love that should this project go through and related to the Cross Seminole Trail, "Would you be willing to put up something—a wall high enough or something protective enough so that the residents would be satisfied to that?" Mr. Love responded, "Yes, that's fine. We had a discussion -plenty of times and we tried to address it multiple times with the community." Mr. Love mentioned past ideas for buffers and noted, "We're happy to put those screens and components like that out there." Commissioner Carroll commented on her concern with the need for signage, parking, and referencing property management asked Mr. Love, "Is our Developer's Agreement enough to say, `You folks are going to stay as the property managers" or once this is built, in two (2) years, are you going to sell it?" Alluding to past experiences, Commissioner Carroll added, "The Builder, Owner, Developer who also manages the property, that is the environment I saw succeed." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 20 OF 28 Mr. Love explained, "My Client who owns the site is a Union affiliated Pension Fund. Their Real Estate holdings are typically ten to twenty (10—20)years. I can't tell you what they're going to do, but I can tell you what they typically do—they hold—that's one piece. Two(2), on a professional property management, I think of a property .0.1•00, this size and scale and the investment, I mean we're talking a thirty to forty million dollar ($30,000,000.00 $40,000,000.00) investment. It will be a highly reputable property management company, no matter who owns it." ._ With further comments, parking issues were then addressed to which Mr. Love stated, "We know that there's going to be some sort of parking Use that needs to be designated for the City to help alleviate the issues with the ;,xa�s-=1;,y' Town Center which really is not our property but we understand they're all linked together." Commissioner Hovey brought up possible widening of State Road 434, to which Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "There are no current plans to widen (State Road)434 to six (6) lanes through Winter Springs in the considerable future. It is in our Comprehensive Plan to oppose that." Next, on the parcel labeled "MUNICIPAL/MIXED/CIVIC USE" of the Concept Plan shown to the City Commission, Deputy Mayor Krebs asked, "Under concept, because that is what we are seeing, is that what it has to be forever?" Mr. Stevenson responded by saying, "It's certainly part of this Concept Plan that you are considering; however, if we had a surface parking lot and we're able to negotiate with a future development or a future Developer to build a parking garage, I think that is still in the offing. I think the intent though is to use it on an immediate basis to alleviate the parking situation in the Town Center; and the quickest way we can get there is with surface parking at this point in time." Deputy Mayor Krebs thought she heard there might be something else on this parcel. Mr. Stevenson pointing to the proposed Concept Plan noted, "The possibility and again we don't know at this point, but the possibility is there might be one(1)building here—fronted on Tuskawilla(Road). This would all be parking,north of that." It was clarified then that this would be the north side of Tree Swallow Drive. Deputy Mayor Krebs then asked how that possibility would not be considered. Further remarks ensued and Mr. Love said that this project needs to be economically viable. Mr. Everett remarked, "I think the only way you're going to reach a conclusion here really is to try to modify the Concept Plan to put limits on maybe that parcel. Maybe if you said the density would not exceed— a certain number of units, and square footage would not exceed..." Deputy Mayor Krebs added, "...In the DA (Development Agreement)..." Mr. Everett continued, "...In the DA(Development Agreement),yes; and that the footprint of the building would not exceed `x' and then Randy..." Deputy Mayor Krebs stated, "...I would like for there not to be a building there at all." Mr. Everett then commented, "We have to go back to our Client and say, `Would it be acceptable for you to not put any buildings on that'; and unfortunately we're not at that point, so that's why we can't make a commitment to you, one way or another. We've got to have some flexibility to be able to use that land at least at this point." Discussion followed on what this proposed building would look like, and Commissioner Carroll and Deputy Mayor Krebs asked if such a building would be Mixed-use? Mr. Everett stated, "It has to be Mixed-use there." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 21 OF 28 As to the proposed size,Mr. Everett remarked, "It would be three(3) stories, probably having a footprint of about ••••••• 10-12,000 square feet per floor; a 30,000 square foot total building; it would have Mixed-use on the ground floor; and so the residential units would be above that. So,roughly in a building, it would be thirty-five to forty feet(35' to 40')high. You'd have three(3) stories; you'd have about 10,000 feet on the ground floor and then twelve (12) units per floor for the units above, so—twenty-four(24)units in a 30,000 foot building." Further comments followed on the parcel labeled"MUNICIPAL/MIXED/CIVIC USE"and parking,to which Mr. Everett noted, "It would be roughly 1.5, 1.6 spaces per unit and then it sounds like your needs for parking are k - shared." Mr. Everett added, "Most of this would be shared parking and then there would be parking on the spine roads also so you would have on-street parking. It would be added to the District. It would not really be for the P. .-7=,, use of the residents. The residents under your Code, you want them to park behind the buildings and you want all the parking sheltered from visibility— so in these blocks down below and up above, the buildings would have to be on the perimeter with parking behind." With additional remarks, Deputy Mayor Krebs asked what such a building would look like "If there was to be a building there, in relationship to what exists in the Town Center right now." Mr. Everett explained, "I would be working to try to get the density without putting a building there; because the building would not be able to be sheltered on all sides. The building would be fronting — on Tree Swallow (Drive) and Tuskawilla (Road) - possibly be an `1' shaped building; and so we wouldn't be able to meet your requirements in not being able to see the parking on all sides." Discussion ensued on a cross conveyance, enhancing the Concept Plan, and where the up to 338 proposed apartments would go. In referring to the Concept Plan, Mr. Everett stated, "Right now, I can tell you that there's no way I am going to get 338 units on these blocks. These blocks are very rectangular in shape; they're very efficient to plan. These are very inefficient to plan; and so one of the reasons we dropped the unit count and have a collar on the Development Agreement is because we anticipate that we're going to have to significantly reduce the unit count in order to get the units on this area; and we're going to go back to our Client with a Plan that shows them how we can get the units first on these two (2) blocks, and then onto this block, leaving this for municipal Use and then leaving this for commercial Use. That's our goal." Continuing, Mr. Everett said, "I know right now, looking at this plan, and looking at the size and shape of the blocks and the parking requirements that you have, that I cannot get to 388 units. In my mind, this plan will end up with somewhere around 260 units. But,we haven't laid it out yet." Comments on parking needs followed,to which Mr. Love suggested, "What we would like to do, and I would like to do, is try and come up with a layout that preserves the ability— somewhere in this `1' to move McDonald's around." Discussion. "I WILL MAKE A MOTION TO EXTEND ANOTHER THIRTY (30) MINUTES." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER CARROLL. MAYOR LACEY ASKED IF AN EXTENSION COULD ALSO INCLUDE REGULAR AGENDA ITEM "602". COMMISSIONER CARROLL AND DEPUTY MAYOR KREBS STATED, "YES." NO OBJECTIONS WERE VOICED. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 22 OF 28 Remarks ensued on commercial and Mixed-use, and could they get a more in-depth plan to show where apartments might be placed for consideration. Regarding the possible number of units, Mr. Love said, "It's probably around 250 or 300. I think it is below 340. We had that number just because that was the way it stacked "will"'' up on this site; that was the optimum stacking. I think we'll see it in the range of 280 to 300 and that's what makes sense for a lot of reasons." "= With comments on possible layouts, a previous plan involving some businesses, and what property the Developer owned,Mr. Love stated, "Everything but the McDonald's." Continuing,Mr. Love remarked, "We Deeded off the land at Michael Blake Boulevard — for the Master Plan was the idea. That's why Michael Blake Boulevard is there,no other reason. It's part of the wider Town Center plan that's driving density." Commissioner Resnick asked about getting a more detailed plan, how many units were being considered, and asked specifically, "In the end,how much is going to be in numbers—where he thinks the numbers might be and I know there might be a change of one (1) or two (2),but I am also really concerned that we keep this if we can, in the thought process." Deputy Mayor Krebs mentioned, "What about if he got up to `x' amount over there,then nothing would go there —I am trying to find out where you need to be to make this..." Commissioner Resnick added, "...Say he is going to keep that where it is and maintain as much higher end Commercial there, as he can possibly do." Further brief remarks. Mr. Stevenson noted, "What we're talking about is as they do this study, if they can reach 300 on what we're talking about, they'll stay off that property a hundred percent (100%)." Deputy Mayor Krebs said to Mr. Stevenson, "Can you help them reach 300?" Mr. Stevenson replied, "I'll do my best." Commissioner Carroll added,"And if they can't?" Mr. Love responded, "We'll be back." Commissioner Cannon suggested focusing on not just the number of units, but the size and rental rate associated with each, and mentioned demographics and crime rates. Commissioner Carroll noted her concern with how good the property management company was, along with background checks and tenant selections. Deputy Mayor Krebs referenced the parcel labeled "MUNICIPAL/MIXED/CIVIC USE" that Commissioner Carroll also addressed, and said that regarding the "minimum" number of units, "If that is not attainable by you, can you then come back and try to renegotiate? Can we put that in the DA(Development Agreement)?" Attorney Garganese stated,"It's up to the Developer." Continuing, Deputy Mayor Krebs remarked, "What I am saying is, in the DA (Development Agreement), we agree to nothing here, nothing, no buildings; they are going to back and they are going to work to put as many, as I understand it, as they can up to the—the 338 —whatever number you feel is good, up to 338. But if they can't attain that goal,their goal,they would then come back to us to talk about it or renegotiate this." Mayor Lacey summarized, "So, we would basically approve it contingent upon..." Deputy Mayor Krebs commented, "...Yes..." Mayor Lacey continued, "...Those additional factors being met and they would have an out to come back and discuss it again if they did not meet that." Deputy Mayor Krebs confirmed,"That is right." Acknowledging nods coming from some Commissioners,Mayor Lacey asked for a Motion. Attorney Garganese said, "I understand that on the triangle portion there would be no residential units, so I'm assuming you mean it will be used for Municipal/Civic Use." Deputy Mayor Krebs remarked, "Correct..." Attorney Garganese continued, "...Only." Deputy Mayor Krebs stated, "Correct." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 9,2015 PAGE 23 OF 28 Furthermore, Attorney Garganese said, "And then they would be allowed to build up to 300 multifamily units on a >` x the remaining portion of the proposed site. That if they're not able to obtain 300 units, of course they can always come back to the Commission; but if they can't obtain 300 units, does the Development Agreement become null and void? Or are they stuck with whatever number of units they can obtain unless the Commission agrees """""` otherwise?" Deputy Mayor Krebs replied, "Honestly, it is a renegotiation because — I personally can't stick a businessman with something that he can't afford to do." Mayor Lacey added, "So, they would have to have to some option then that the DA(Development Agreement)would be vacated." Mr. Everett commented, "I'm just going to say that if the Developer cannot reach 300 units in a design that is feasible to the Developer in their discretion; well then you could probably put a time limit on it." Mayor Lacey asked, "What is a reasonable time?" Mr. Everett continued, "Then the Developer would be able to terminate the Agreement. Tape 3/Side B Mr.Love and Mr. Everett mentioned six(6)months. Attorney Garganese noted, "It's a negotiable term, it's whatever the Commission and the Developer feels, to be comfortable with. Would there be a certain number of days for you to go back and determine whether you can reach the magic number of 300?"Brief comments followed on what the 180 days would be for. Mr. Everett stated, "I was just saying that we'd be able to terminate the Development Agreement if within 180 days we were unable to come back to you and say that we're able to meet 300 units in a design that was economically and otherwise feasible to the Developer." Attorney Garganese remarked, "On the front-end—it's just going to be open-ended?" Mr. Everett answered, "We have to work with Staff to-review the design as it's done and so it's a back and forth anyway. And so,your Staff has the ability to mold the Plan as it moves forward; and so the goal is to get there as quickly as possible and if we can't get there within 180 days, then our Client can terminate the Agreement. And then we start all over again with a new DA(Development Agreement)." Attorney Garganese mentioned, "We're not a big proponent of open-ended Development Agreements where that can just be out there. We usually have a two (2) or three (3)year time period." Mr. Everett remarked, "No, you would have you normal time frame for the DA(Development Agreement). It would just be terminable within that first 180 days if the Developer was unable to reach that density. But you can't,you know, it has to have a limit on the way the density is reached because obviously, if we put a fifty(50) story high rise on this site, we could reach the density. So it has to be in a configuration-that's feasible." Mr. Love suggested, "I think we leave a term on the existing Development Agreement as is, to just insert an option, since it'd be our discretion to cancel it within 180 days. And, if we don't trigger that option, the DA (Development Agreement)runs its course; and if we can't figure out a design,we can't really do anything." Mayor Lacey asked Staff if this would work, to which Mr. Stevenson remarked, "From Staffs standpoint, we know we're going to be trying to get this done as quickly as possible with them." Mr. Stevenson confirmed, "Yes." Manager Smith also stated,"Yes." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 24 OF 28 mid': Addressing Deputy Mayor Krebs,Mayor Lacey asked, "Are you ready to make a Motion?" "YES,THAT WAS IT."MOTION BY DEPUTY MAYOR KREBS. MAYOR LACEY SUMMARIZED, "DEPUTY MAYOR HAS MADE A MOTION TO APPROVE THE am, CONCEPT PLAN AND ASSOCIATED DA (DEVELOPMENT AGREEMENT) AS PER THE DISCUSSION WITH A TERMINATION CLAUSE AT THE CLIENT'S DISCRETION WITHIN 180 DAYS, PER THE DISCUSSION FROM THE COMMISSION." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER CARROLL ADDED, "WE'RE PRESERVING THAT WE ABSOLUTELY WOULD PREFER NOT TO HAVE ANY BUILDING CONSIDERED ON THE [`MUNICIPAL/MIXED/]CIVIC'..." MR. EVERETT CONFIRMED, "...PART OF THE AMENDMENT TO THE DA (DEVELOPMENT AGREEMENT) IS TO REMOVE THAT PARCEL FROM CONSIDERATION FOR ANYTHING EXCEPT THE `CIVIC' USE." COMMISSIONER CANNON THEN SAID,"AND A MAXIMUM OF 300 UNITS." VOTE: COMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER CANNON: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office of the City Attorney and Office of the City Manager REQUEST: The City Attorney and City Manager request that the City Commission consider the current City Commission Rules of Procedure, which were last amended by Resolution 2013-29, and determine whether modifications to the Rule of Procedure should be drafted by the City Attorney in the form of a resolution for the City Commission's final consideration at a subsequent meeting. FISCAL IMPACT: None. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 25 OF 28 o''a. i,x...41 Additional information regarding meeting rules and procedures for other Seminole County cities will be provided in your dropboxes. (This information was requested by Commissioner Kevin Cannon). RECOMMENDATION: '. Based on the previous City Commission direction, the City Attorney and City Manager recommend that . .n.the City Commission consider the current City Commission Rules of Procedure, which were last amended by Resolution 2013-29, and determine whether modifications to the Rule of Procedure should be drafted by the City Attorney in the form of a resolution. Any resolution would be placed on a subsequent City Commission agenda for final consideration. Due to time constraints,this Agenda Item was not discussed. REGULAR 601. Not Used REGULAR 602. Community Development Department REQUEST: The Community Development Department and the Code Enforcement Division of the Police Department request that the City Commission consider the request of Ken and Kelly Mullins for a reduction (partial release) of a Code Enforcement lien on property located at 1637 Tiverton Street. FISCAL IMPACT: The City would receive a minimum of$950.00 for the partial release of lien. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 26 OF 28 RECOMMENDATION: yam., The Community Development Department and the Code Enforcement Division of the Police Department recommend that the City Commission conditionally approve the partial release of a code enforcement lien on property located at 1637 Tiverton subject to the following terms and conditions: ..••••• • The applicant submit a check made payable to the City of Winter Springs in the minimum amount ' '` of$950.00. atoi • The property continue to remain code compliant through the closing date. �.. • The property must be homesteaded by the purchaser. .>. • The closing on the property shall occur within thirty (30) days. In the event such closing does not occur within 30 days, the conditional approval of the lien reduction request shall expire unless the City Manager agrees, in writing, to extend the time permitted for closing to accommodate a delay for good cause shown. Introducing this Agenda Item, Mr. Stevenson pointed out, "The Lien has been allowed to run up to right now, almost a hundred and fifty-four thousand dollars. There's a current Utility bill of a hundred and eleven dollars and thirty-seven cents ($111.37), and past due of seventy dollars and seventy-five cents ($70.75). The Mullins' — have bought the property; they are going to homestead it. Our practice has been to reduce those Liens to City's costs plus the Utility bills. The Code Enforcement Board recommended nine hundred and fifty dollars ($950.00). I would-request that this Lien be reduced to nine hundred and fifty dollars ($950.00) and the Applicants would be responsible for taking care of the hundred and eleven dollars and thirty-seven cents ($111.37) Utility bill and the seventy dollars and seventy-five cents ($70.75)Past Due bill." Furthermore, Mr. Stevenson added, "As we've done in the past, this is a Partial Release. The remainder of the Lien will remain an Encumbrance on all Real Property within the - County of Seminole against the original Violator." "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR KREBS. MAYOR LACEY STATED, "SECONDED BY COMMISSIONER CARROLL." DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CANNON: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REGULAR 603. Community Development Department REQUEST: The Community Development Department and the Code Enforcement Division of the Police Department request that the City Commission consider the request of Angel and Jacqueline Carrero for a reduction (partial release) of a Code Enforcement lien on property located at 204 South Moss Road. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 9,2015 PAGE 27 OF 28 FISCAL IMPACT: The City would receive a minimum of$10,000 for the partial release of the lien. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, emu° City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Community Development Department,the Code Enforcement Division of the Police Department, and the Code Enforcement Board recommend that the City Commission conditionally approve the partial release of the code enforcement lien on property located at 204 South Moss Road, subject to the following terms and conditions: 1. The conditional approval of the lien reduction shall be contingent upon the current owner producing a willing buyer who intends to homestead the property. 2. The conditional approval of the lien reduction request shall expire within ninety (90) days of the City Commission's approval unless the City Manager agrees, in writing, to extend the time permitted for closing to accommodate a delay for good cause shown. 3. The applicant submit a check made payable to the City of Winter Springs in the minimum amount of$10,000.00. 4. The property continue to remain code compliant through any pending sale. Also, due to time constraints,this Agenda Item was not discussed. PUBLIC INPUT This section was not held, additionally due to time constraints. Briefly in other City business, Manager Smith mentioned Regular Agenda Items "600 and "603" still need to be discussed. Specifically related to Regular Agenda Item "600",Manager Smith mentioned that as a Commissioner may not be in attendance at the next City Commission Regular Meeting, "Are you agreeable to me moving that out to the first meeting in March?" Deputy Mayor Krebs and Commissioner Carroll commented, "Yes." No objections were voiced. Related to Regular Agenda Item "603", Manager Smith suggested, "I'll just put that on the next meeting. Is that agreeable?" Deputy Mayor Krebs said, "Thank you." Hearing no objections, Mayor Lacey summarized, "By Consensus,yes." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 9,2015 PAGE 28 OF 28 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 9:26 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES,MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were Approved at the ,2015 City Commission Regular Meeting.